In addition to other uses specifically identified elsewhere in this title, the following are conditional uses allowed in the B-1 Downtown Business District by the issuance of a conditional use permit based upon procedures set forth in and regulated by Chapter 196.
(A) Amateur radio service antennas and towers and personal wireless service antennas as regulated by Chapter 214.
(B) Bed and breakfast establishments.
(C) Daycare facilities as a principal or accessory use as regulated by § 205.21.
(D) Auto and boat repair, auto glass, muffler and upholstery shops, tire recapping and supply stores, and vehicle (automobiles, boats) storage for new or used vehicles (this does not include dismantling or wrecking) and parking and/or commercial storage of vehicles; need not be enclosed, provided:
(1) Not less than 25% of the lot, parcel, or tract of land shall remain as landscaped green area according to the approved landscape plan;
(2) The entire area other than occupied by buildings or structures or planting shall be surfaced with bituminous material or concrete which will control dust and drainage. The entire area shall have a perimeter curb barrier, a stormwater drainage system, and is subject to the approval of the City Engineer;
(3) The hours of operation shall be between 7:00 a.m. and 6:00 p.m. Evening hours of operation shall be subject to the approval of the City Council;
(4) All painting must be conducted in an approved paint booth. All paint booths and all other activities of the operation shall thoroughly control the emission of fumes, dust, or other particulate matter so that the use shall be in compliance with the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 1-15, as amended;
(5) The emission of odor by a use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 7011, as amended;
(6) All flammable materials, including liquids and rags, shall conform with the applicable provisions of the Minnesota Uniform Fire Code;
(7) All outside storage is prohibited. The storage of damaged vehicles, vehicles being repaired, and vehicle parts and accessory equipment must be completely inside a principal or accessory building; and
(8) All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served by modifying the conditions.
(E) Buildings combining residential and nonresidential uses allowed in this district, provided that:
(1) The residential and nonresidential uses shall not conflict in any manner;
(2) No such residential use will be permitted on the main floor of any commercial or business building. For the purpose of this section the main floor shall be that floor fronting upon the street providing access to the business. If a building has more than 1 floor fronting on different streets, the main floor shall be considered that floor which fronts on the street serving the majority of the businesses on that block; and
(3) The residential design and construction standards as regulated in § 224.10 are met.
(F) Commercial car washes (drive through, self-service and mechanical) provided that:
(1) A car wash that is accessory to a convenience store/motor fuel facility shall be included as part of the principal building;
(2) Magazine or stacking space is constructed to accommodate 6 vehicles per wash stall and shall be subject to the approval of the City Engineer;
(3) Magazine or stacking space must not interfere with on-site circulation patterns or required on-site parking or loading areas;
(4) Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with Chapter 213;
(5) Provisions are made to control and reduce noise and special precautions shall be taken to limit the effects of noise associated with the car wash operation, dryer, and vacuum machines;
(6) The location and operation of vacuum machines must not interfere with magazines or stacking areas, on-site circulation, or on-site parking and loading areas, and may not be located in a yard abutting residentially zoned property; and
(7) Untreated water from the car wash shall not be discharged into the storm sewer. If the water is to be pretreated and discharged into the storm sewer, the pretreatment plans shall be subject to review and approval of the City Engineer and Building Official, and subject to applicable requirements of Metropolitan Council Environmental Services and MPCA.
(G) Drive-thru type commercial establishments as regulated by § 205.23.
(H) Essential services involving transmission pipelines and transmission or substation lines in excess of 33kV and up to 100kV, as regulated by § 205.05.
(I) Fitness centers limited to 2,000 square feet of gross floor area or less provided that:
(1) Adequate off-street parking and off-street loading shall be provided in compliance with Chapter 210 and Chapter 211 both of this title;
(2) The total number of stations shall not exceed 1 per 100 square feet of gross floor area;
(3) The use is located and developed so as not to create an incompatible operation problem with adjoining and neighboring commercial and/or residential uses; and
(4) Hours of operation shall be limited to 5:00 a.m. to 11:00 p.m. unless otherwise allowed by the City Council.
(J) More than 1 principal building on 1 lot of record, provided that:
(1) Lot requirements. The lot shall conform to the minimum lot area, lot width, and setback requirements of § 225.08;
(2) Setbacks. Setbacks between multiple principal buildings within the same base lot shall be a minimum of 20 feet;
(3) Common areas. All common areas including, but not limited to, open space, wetlands, greenways, stormwater basins, driveways, parking areas, sidewalks, etc., shall be maintained in one of the following ways:
(a) All of the property including buildings and common areas shall be owned by a single entity;
(b) Condominium ownership pursuant to M.S. § 515A.1-106; and
(c) The property shall be divided into a base lot and unit lots to allow for individual ownership of the principal buildings or individual tenant spaces within the principal building, with each owner of a unit lot having an equal and undivided interest in the common area, subject to the following requirements:
1. The tenant space related to each unit lot shall have an exclusive exterior entrance; and
2. A management association shall be established for all commercial developments with multiple principal buildings subdivided in a base lot/unit lot configuration that is to be responsible for all exterior building maintenance, approval of any exterior architectural modifications, landscaping, snow clearing and regular maintenance of driveways and parking areas, subject to review and approval of the City Attorney.
(4) Utilities.
(a) Underground or exterior service. All utilities including telephone, electricity, gas, and tele-cable shall be installed underground. Exterior utility meters and fixtures shall be located in interior side or rear yards when possible and shall be screened from view of adjacent properties and the public right-of-way.
(b) Public utility service. Separate public utility services shall be provided to each unit unless exempted by the City Engineer.
1. Water connection. A shutoff valve for each individual unit shall be provided.
2. Sewer connection. Where more than 1 unit is served by a sanitary sewer service, all maintenance and cleaning shall be the responsibility of the maintenance association or owners.
(K) Nursing homes and residential care facilities provided that:
(1) Side yards are double the minimum requirements established for this district and are screened in compliance with § 213.04;
(2) Only the rear yard shall be used for recreational areas. Said area shall be fenced and controlled and screened in compliance with § 213.04; and
(3) All state laws and statutes governing such uses are strictly adhered to and all required operating permits are secured.
(L) Planned unit developments as regulated by Chapter 217.
(M) Religious institutions such as churches, chapels, temples, and synagogues, including social services.
(N) Theaters, indoor.
(O) Permanent detached accessory storage container structures.
(1) Building code. All standard requirements of the state building code as adopted by the city, shall apply to storage containers being used as a permanent detached accessory structure.
(2) Foundation. Storage containers being used as a permanent detached accessory structure shall be constructed upon a continuous perimeter foundation that meets the requirements of the State Building Code. The continuous perimeter foundation shall be engineered to meet all building code requirements.
(3) Building permit. The application for a building permit in addition to other information required, shall indicate the height, size, design, and the appearance of all elevations of the proposed structure and a description of the construction materials proposed to be used, and the delineation of future additions whether or not such construction is intended. The exterior architectural design of a proposed dwelling may not be so at variance with, nor so similar to, the exterior architectural design of any structure or structures already constructed or in the course of construction in the immediate neighborhood, nor so at variance with the character of the surrounding neighborhood as to adversely affect the public health, safety, or general welfare.
(4) Accessory use. No permanent detached accessory storage container shall be considered a principal use and instead shall be considered an accessory use and shall not be constructed on a lot prior to the time of construction of the principal building to which it is an accessory.
(5) Number allowed. There shall not be more than 1 permanent detached accessory storage container structure on a lot.
(6) Use. Permanent detached accessory storage container structures shall not be permitted to be rented or leased to a use not located on the same lot and shall be used for storage purposes only by the owner of the lot.
(7) Dimensions. Permanent detached accessory storage containers shall not exceed the dimensions of 40 feet in length, 8 feet in width and 10 feet in height.
(8) Signs. No signs or lettering shall be permitted on permanent detached accessory storage containers, except that murals may be allowed.
(9) Exterior appearance. Permanent detached accessory storage containers shall be maintained in a good condition free from structural damage, rust, deterioration and shall be in compliance with § 212.06.
(10) Location. Permanent detached accessory storage containers shall meet all accessory building setback requirements within the B-1 Downtown Business District.
(11) Screening. The permanent detached accessory storage container shall be fenced, screened, and/or landscaped from view of neighboring residential uses, abutting residential districts and the public right-of-way according to a plan in compliance with § 213.04.
(Ord. 2011-06-07A, passed 6-7-2011; Am. Ord. 2024-05-07, passed 5-7-2024)